The adult son of outgoing Sen. Jeff Flake is appealing the dismissal of a malicious-prosecution lawsuit over the now-dismissed animal cruelty charges filed against the younger Flake in the heat-exhaustion deaths of 21 dogs at a kennel operated by his then-in-laws.

Austin Flake and his ex-wife Logan Brown lost their lawsuit against former Sheriff Joe Arpaio at a trial last year, but sought another trial on the argument that authorities failed to turn over evidence that was favorable to them.

Photos of some of the dogs at the Gilbert boarding site of Green Acre.(Photo: Maricopa County Sheriff's Office)

The couple were caring for the dogs while Brown's parents, who operated the kennel out of their home in Gilbert, were out of town.

The effort to revive the lawsuit failed in early August when a judge ruled Flake and Brown hadn't shown Detective Maria Trombi intended to deprive them of any constitutional rights.

Trombi is also appealing rulings that contain a judge's finding that there was no probable cause to charge the couple.